Media Law FINAL (Test 1-5)

Probably the most challenging part of ethical decision making is

making sure you are asking the right/most relevant questions.

People who choose to make ethical decisions

are assured their decisions will always be based in reason and can be explained to others.

A construct is

Something that doesn't exist in nature and is defined by the values we attach to it.

Common law is driven by

All of the above (A strong interest in legal stability and predictability, How societies and cultures have changed, How similar disputes have been resolved in the past)

America's federal trial courts of general jurisdiction, sometimes called the "workhorse courts," are officially named

District courts

Ethical decision making is about avoiding

All the above ( Simplistic, gut level decisions, giving ethnocentrism undue influence, gross generalizations)

In societies or cultures where the value of "me," sometimes expressed as "living an authentic life," has priority, ethical decision making is more challenging because

Ethical decision making implies considering the effect a decision will have on others.

Larry and Lane were roommates at Utah State. One semester, both were taking American Literature, but with different instructors. By coincidence both instructors assigned 800 word essays on a poem that had been written by the English Department chair, but not published. That limited AI as a resource. Anyway, Larry decided to go ahead and write an essay. He offered it to Lane, telling Lane he could submit the essay as his own and no one would know. If Lane submits Larry's essay as his own, this would be called

A moral failure.

According to natural law, there is no legitimate power to tell people what to do without

their consent

"We need innovation following values instead of values following innovations," is a quotation from

Nikki Silverstri

Because the social world is so complicated, nationally and internationally, philosopher Kwame Appiah suggests we should all strive toward a cosmopolitan way of thinking, recognizing our obligation to care for others regardless of citizenship, yet also appreciating the role of culture in individual lives, in order to

Get used to each other

If a majority of the members of the U.S. Supreme Court issue an opinion finding a government act to be unconstitutional, they are saying

The authority for the act is not specified or referenced in the U.S. Constitution or "offends" a provision of that is in the U.S. Constitution.

Federal and state agencies adopt rules to explain how legislation will be interpreted and applied. This process is called

promulgation

Diversity jurisdiction at the federal level exists to

Add a degree of fairness when the parties have a state law case, but are from different states.

Drug Courts, Tax Courts, Bankruptcy Courts and Immigration Courts are examples of

State and federal speciality courts

Ethical decision making is a process rooted in

philosophy

Generally, ethical decision making comes into play when

Argument(s) can be made that any decision is the best decision

In concentric governing systems

Different layers have distinct powers, and there are some powers that overlap

Ole Miss, a public institution, adopted a rule for freshmen saying they cannot stay out too late at night. A law professor commented that the rule was unconstitutional. Whe would she say that?

because the rule is vague. "Too late" is entirely subjective.

Examples of common law include

torts, such as personal injury

Ted and Lori live in the same neighborhood in Memphis where they graduated from high school. Both plan to live at their homes while they commute to a community college about 15 minutes away. The problem is Ted doesn't have a car. He tells Lori that if she drives him to school he will pay to refill her gas tank every Friday. This is an example of

private law

Which of the following is true about the U.S. Supreme Court?

all the above (The members of the court serve for life and cannot be removed except by impeachment, They are the most secretive court in terms of restricting cameras or audio recorders, Parties do not have the right to require the court to hear their cases)

Zoning boards, parole boards and workers' compensation commissions are examples of

Executive panels that have court like powers

Wording in contracts that requires parties to try to work out their disputes before a lawsuit can begin are called

Arbitration Agreements

There are multiple ethics "camps" in which individuals use a set value to guide their decisions. One of these is Utilitarianism, which posits that

The best actions are those that result in the greatest good for the greatest number of people.

Ole Miss installed a bulletin board in the Student Union. On it was a notice that only flyers related to campus events would be allowed. Mike was looking for a roommate, so he posted a notice on the board and asked anyone interested in seeking a roommate to contact him. The next day he noticed his flyer had been removed. Based on what we discussed, were Mike's free speech rights violated if a university employee had removed the flyer?

Yes, Ole miss is a state actor and the restriction was content based.

What distinguishes natural law from man's law?

All the above ( Natural law is immutable, Natural law applies worldwide, All of natural law is based timeless principles while this is not necessarily true of man's law)

The city of Happytown developed a marketing plan to increase tourism. Part of that was to use bright colors in public buildings and public places, plant flowers and create a cheerful atmosphere. Part of the plan addressed parades. Specifically, the ordinance said only parades with positive messaging (Christmas, Mardi Gras, Easter, Veterans Day) would get permits. Union workers at a local distillery were denied a permit to march in protest of low wages. What do we know about this?

happytowns ordinance creates a value judgement, and is unconstitutional

Several times in class, in the relationship between the First Amendment and everyday life in the United States was described as

Like an operating system (OS) of a digital device because it is essential but rarely noticed.

One of the problems when national security is claimed as an outlier is

All of the above ( State actors sometimes assert national security when there is no public danger and they are merely trying to avoid accountability, State actors sometimes assert national security to conceal embarrassing but truthful information, State actors sometimes assert national security in order to keep the public from objecting to their actions)

Which of the following can be found in the First Amendment

All of the above ( The right to express disagreement with government, the right of citizens to meet with each other, the right to freedom of religion)

Even when it is clear that actual violence such as mass shootings has followed a perpetrator's association with violent music, movies or video games, courts have found entertainment media not legally blameworthy. Why?

Because to influence is not to cause

Stephen was the marketing director for your company. Your company imports and sells shoes. You tell Stephen to allow comments on your company's website, but to monitor them and remove any that don't praise the shoes. "Get rid of any negative remarks that might hurt sales," you tell him. Stephen says, "Well, what about freedom of speech and the First Amendment?" You tell him, correctly:

The first amendment doesnt apply to comments on our company site.

Ed's job was to mount tires sold by the tire shop where he worked. One day, his boss said, "Ed, you are as slow as Christmas. Everyone else here can finish two jobs by the time it takes you to finish one." Ed fired back, "Well that may be true but at least I'm not stealing money from the cash register like I've seen you doing." The boss was furious and fired Ed on the spot. What does the First Amendment say about Ed's rights in this situation?

nothing

What is a prior restraint?

There are rare situations in which an expression would pose a serious risk to public safety. Only in such situations are state actors allowed to stop an expression before it is made. This is called prior restraint.

In addition to preventing state actors from interfering with private expression, generally, the First Amendment also protects

All of the above (symbolic speech, under a two part test, Anonymity, against compelled speech)

In call we list outliers as

National security, incitement, obscenity and criminality.

Lois, who liked to eat at McDonald's, believed it was unconstitutional when the restaurant stopped accepting cash and would only accept debit or credit cards for purchases. Every day she would march in front on the sidewalk in front of a McDonald's with a sign reading, "PAPER MONEY IS REAL!" Buddy was a reporter for Local News. He approached Lois and asked to interview her for a story. Lois said nothing. Frank said, "At least tell me your name." Again, Lois said nothing. What does the First Amendment say about this situation?

Silence is as protected as speech

Frank, an adult, was surprised when someone knocked on the door of his motel room and it was the police who arrested him. Frank was expecting a 14 year old with whom he had been having sexually explicit conversations on the internet. Frank said, "What have I done? Everything was talk. Don't I have freedom of speech?" The appropriate response is

Expressions alone can sometimes be completed crimes, and solitication of a minor is one of them.

"Freedom of the press" is an express guarantee in the First Amendment because

While the founders didn't trust or admire the media of their day, they believed that government control would be a worse option.

Many nations say their citizens have free speech rights, but have outlawed hate speech. What is their rationale?

Hate speech doesnt advance the conversation

Bob loved baseball and was in the stands for every game. There was one player, however, that Bob despised. Whenever that player came to bat, Bob wouldn't boo or anything, but he would stand up and turn his back toward the playing field. Other fans got tired of seeing Bob do this and called the police who arrested Bob for disturbing the peace. What does Bob have as a defense?

Symbolic speech, but only if he intended to show he didn't like the batter and at least some of the people around him understood what he was doing.

Alabama is a state in which any possession or sale of marjuana is illegal. Marsha, study body president at Mobile Central High, wanted to have a rally on campus of her public school to promote legalization of marijuana. Must school administrators allow the rally?

No. The Supreme Court has ruled that expressions promoting illegal drugs can be prohibited on public school campuses.

Taylor was covering a school board meeting to prepare a story for Local News. During the meeting, the board president said the public school district will soon announce a dress code for all students and faculty, but tells Taylor not to include that in her report because it would be better to wait until the actual plan is approved and adopted by the school board. Based on what we learned in JOUR 369, the board president

Is attempting a prior restraint in violation of the First Amendment.

The effect of the First Amendment on American society has been to

none of the above (Support efficiency in government operations, Promote a peaceful and tranquil society, Assure every person has a voice that others must hear and respect)

Which of the following was NOT a prime factor in the decision to add the First Amendment to the Constitution?

the church membership of the founders

An abandoned house in a neighborhood was becoming an eyesore. The neighbors had a group social media page and members complained about it almost daily, saying something needed to be done. One of the residents, Bob, posted, "If y'all take up a collection and pay me $500, I'll burn that house down. That will solve the problem." Another neighbor who saw Bob's post was a police officer. He started negotiating online with Bob and offered to pay him $400 for setting the house on fire. Bob responded that he would take $400 in return for setting the abandoned house on fire. Seeing this, the policeman went to Bob's house and arrested him on a charge of solitation of crime. How is this situation analyzed under the First Amendment?

There are crimes that consist of expression only. They are outliers and receive no First Amendment protection.

The natural law factors the philosphers John Locke and John Milton wrote about that were recognized in creation of the First Amendment were

people communicate no matter what and a truth seekers

People attending a board meeting for a public school system were handed a sheet of paper. Printed on it were instructions: "1. The audience must remain seated and quiet during the meeting. 2. The last agenda item is comments and questions from the audience. 3. Comments are limited to one three minute period per person. 4. Questions must be written and submitted when approaching the lectern. Board members may choose to respond to any question and may choose not to respond. 5. Any audience member not adhering to these instructions will be asked to leave. Thank you. Herbert Hancock, board president." What is/are the First Amendment issue(s) here?

None. These pass the tests for time, place and manner controls on free expression.

Frank and Bob attended a soccer match where their team lost. They were furious because they believe poor officiating caused the loss. As fans were leaving the stadium, Frank jumped up on a trash can and started shouting, "We can't let them get away with this! They are cheaters and we need to teach them a lesson!" Frank pointed to the exit where officials were expected to exit and shouted, "Let's get 'em when they come out!!!!!" Soon after, the police got to Frank and placed him under arrest. At trial, what will prosecutors seek to prove?

That Frank's expression is not protect by the First Amendment, that it was the outlier "incitement likely to result in imminent lawless action."

How do commercial entities prove damage to reputation?

loss of sales or market position

Lisa had an idea for an energy drink commercial that would have no sound. It would show a person drinking her firm's product next to a person drinking a competing firm's product. As they drank, the person with her firm's product would gain fitness and appear happier and happier. The person drinking the competitor's product would shrivel and transform into pile of dust. After the commercial was produced and shown, the competing firm sued for libel. What does libel law say about this?

The competitor will not win. It's unrealistic to think a viewer would believe their product actually turned people into dust.

Black letter laws adopted in several states and designed for makers or sellers of products or services to protect the reputations of their products and services are called:

Disparagement statutes

In libel law, the element of publish is met when content is

put anywhere others can see it

Why are people who repeat libelous information as responsible under common law as the people who originated the information?

Their legal responsibility rests on the fact that they had a choice and chose to repeat the information.

The university posted a list of students on the honor roll for the semester. Frank saw his name on the list and became angry because his name actually should have been on the high honor roll list. To make a point that the university should be more careful, Frank filed a libel suit. What result?

Frank likely loses. A false statement about him was presented as fact, but it wasn't defamatory.

Counselors at a summer camp for youths were required to stage a skit night in which they would create short plays about camp life. In one skit, a counselor pretended to be the camp director waking up in the morning and reaching for a bottle of vodka, taking a big gulp. The director was then depicted as filling her water bottle with the alcoholic beverage and drinking from it all day as she increasingly stumbled and slurred her words. The campers laughed, but the camp director did not. She wanted the counselors held responsible for hurting her reputation. What does the law say about this?

No doubt the director's feelings were hurt, but it would not injure her reputation unless the campers believed the skit was true.

In libel cases, the element of identify is established when

the audience knows who the content is about

In an interview, Beyonce was asked about the Primo Cowboy Boots she wore to an awards show. She responded, "They hurt my feet and I was sorry I wore them. I don't think they're worth what they cost, either." The maker of Primo Boots experienced an immediate loss in sales and their market research proved the cause was Beyonce's statement. You are in Primo's marketing department, and you are asked for advice. You correctly respond:

We need to deal with this, but suing her for libel won't work

At their board meeting, the directors of Holiday Hotels International received a report from the chief financial officer that occupancy rates had been dropping for weeks, when at the same time an anonymous internet troll started posting statements about franchise hotels double billing, having their swimming pools closed by authorities for toxic water and fire alarms systems that didn't work . None of this was true. The directors turned to you, their director of communications, and demanded to know what could be done about the situation. You tell them

In the United States, the First Amendment protects anonymous expression, but we can initiate a process called the Dendrite test that could lead to requiring the internet service provider for the troll or trolls to provide whatever true identifying information the ISP has.

The Prestige University Department of Athletics posted a press release saying that lacrosse coach Dimbo Blackheart had been fired for cursing players during a practice. Digital news media outlets as well as private citizens and television news repeated the information in the press release. Oops. Turns out there was a one letter error in the press release. Blackheart had been fined, not fired. If Prestige University is in Mississippi and issued a retraction and/or removes the post, what will be the effect?

Blackheart may win actual damages, but not punitive damages.

In a libel case, what type of injury is being alleged?

Reputation

Why is establishing whether a plaintiff in a libel case is a public official or public figure important?

Because public figures and public persons must prove actual malice, which is not easy.

Jay R was starting out as a performer, but was drawing larger and larger audiences for each presentation. Well, he was until the Rap Review website contained the following comment by one of its staff writers: "If you're planning on going to a Jay R event, don't waste your time or money. This guy is terrible and needs to get a real job. No talent. Period." After that was posted, ticket sales to Jay R's event dropped sharply. Some people even wanted their money back. Clearly, Jay R was upset about this hit to his reputation. Does he have a legal case?

No. This was the writer's opinion, and while opinion can injure reputation, it can't be the basis for libel damages

At their board meeting, the directors of Holiday Hotels International received a report from the chief financial officer that occupancy rates had been dropping for weeks and that had discovered a hotel review site with several recent comments low rating the chain and claiming their room charges were high, their beds were uncomfortable and the water in their pools was too cold for children to swim. The directors turned to you, their director of communications, and demanded to know what could be done about the situation. You tell them

We need to develop a response strategy, but people have a First Amendment right to share their opinions and these are all matters of opinion.

In legal actions, proving actual malice means

Proving that the publisher knew the information was false before publishing it or acted with reckless (near total) disregard to whether it was truthful or not

Frank and Ernie owned restaurants across the street from each other. They were super competitive with each other. One day, Frank placed a sign on his property with an arrow pointing to Ernie's restaurant. The words on the sign were, "If you don't mind rat droppings in your food, eat over there." Ernie said, "Enough is enough," and sued Frank for libel. Does Frank have any defense?

No. Libel can be created by implication if the implication is strong enough.

Herman was sitting in his car at a red light when he got a text from Monica, his steady significant other. It read: "Jennifer just told me she saw you coming out of Cindy's apartment this morning. You told me you couldn't see me last night because you had promised to play video games with Bob and Bill. You, sir, are a two timing pig and I never want to see you again. I have deleted you from my contacts and I suggest you drop me out of yours because I might not be the best person in the world, but I'm too good to associate with a low life scummy person like you." The message upset Herman because he didn't even know anyone named Cindy and Jennifer was apparently just trying to make trouble. Further, he could prove through timed screenshots he had been with Bob and Bill as he said. What is the libel analysis here if he decides to sue his ex for libel?

No libel case because nothing was published.

Why do people marketing products or services face a higher burden of proof when claiming the reputations of their products and services have been injured?

because consumer safety is a valid need in commerce.

Legally, simple negligence can be proved by

Any of the above (Carelessness in how the information was handled, Reliance on an untrustworthy source, Relevant information not read or misread)

Which of the following is a true statement?

Opinion can seriously injure reputation, but libel cases cannot be based on opinion

Why are internet platform providers, especially social media companies, not legally accountable for libelous content they decide to allow on their sites?

They have a blanket exemption in black letter law, specifically Section 230 of the Communications Decency Act.

Local News reported the following: "Arrests Tuesday included Shelly Jones who was charged with car theft." On Wednesday, the charge was dismissed after investigators determined the car she was charged with stealing was her friend's, and her friend had reported it stolen after forgetting that Shelly had asked to borrow it and had the owner's permission. Still, at her workplace people were either distancing themselves from Shelly or making crude comments such as, "Hey, Shelly, have you stolen any cars today?" and "Don't leave your keys on your desk or Shelly will steal your car, too." She didn't appreciate this, and decided to sue Local News for libel. What is the best defense for Local News?

truth and neutral reportage

The Prestige University Department of Athletics posted a press release saying that lacrosse coach Dimbo Blackheart had been fired for cursing players during a practice. Digital news media outlets as well as private citizens and television news repeated the information in the press release. Oops. Turns out there was a one letter error in the press release. Blackheart had been fined, not fired. If Blackheart claims libel, who, legally, are the defendants?

The Prestige University Department of Athletics. All others are excused by fair report privilege.

What is at the root of most libel cases?

carelessness

Exempted from Mississippi's Open Meetings Act are

Purely chance and social gatherings

Bob invites you over to dinner with his family. During your visit, Bob shows you a photo on his phone of his family on a nearby lake as the sun was setting. It was a stunningly good photo and, as it happens, you are the marketing director for Lakeside Resorts. You immediately realize the picture would make an excellent cover for the brochure you are preparing for your employer. You ask Bob to share the photo to your phone, and he does. Is there anything else you need to do before using the photo on the brochure?

Yes. You need to obtain the permission of Bob and any other adults in the photo to use their images commercially.

Janet, an economics major, was assigned to write an analysis of changes in the Town of Springfield budget from 2024 to 2025. To do this, she needed a copy of the town budget for both years, so she went to City Hall to the city clerk's office and asked for copies of the budget, which is a public record, for the two years. The clerk denied her request, saying that no paperwork existed because the budget was prepared and kept in digital files. What does Mississippi law say about this?

All of the above ( Public records are defined as any records developed in the conduct of public business, regardless of whether they are paper, digital, emails, texts ... The clerk violated the law by not providing the denial of access in writing. Janet may be required to pay in advance for printouts)

In her college years, Linda made extra money in pepper eating contests. (These were held in several communities and the person who lasted longest in eating hot peppers won cash, sometimes a lot of cash.) Years went by and one day Linda was having lunch in a restaurant with people she met after her college years. By coincidence, Bob, who had also been a contestant during Linda's college years, was in the same restaurant. He came bounding over to their table, and said, loudly, "Linda, I really miss our adventures back in the day. No one could match you in those pepper eating contests." Linda was horrified. She hadn't told anyone she had once been a pepper eating contestant, and she was deeply embarrassed. She didn't say anything at the time, but later filed a damage suit against Bob based on public disclosure of private facts. What does privacy law say about this?

Linda's embarrassment is not at issue. What matters is whether a reasonable person would be embarrassed over Bob's disclosure.

Which of the following is never a public record under Mississippi's Open Records Act?

all of the above can be public record (emails, texts, videos)

Lucille, a student, was in a class in which students were assigned to groups for projects and their individual grades were determined by other members of their groups. As it happened, Sue was in Lucille's group and was, to put it mildly, a nightmare. She opposed everyone's ideas but never offered an idea of her own. She said, "Look, let's just agree to give each other "A" grades. I've got a lot of work in other classes, and this one is a waste of time anyway." During the time Sue was saying all these things, Lucille pretended to be looking at a text but actually activated the audio recorder on her phone. No one saw her do this. What does the law say about what Lucille did?

It was legal in a one party state, but not in an all party state.

Matt was employed by WCTV as a meterorologist. After a heavy rain, several communities in the TV station's coverage area were flooded. Matt decided to take his personal drone and shoot video of the flooding, which he used during the WCTV newscast. What does federal law say about this?

The Federal Aviation Administration requires media employees using drones to be licensed.

A high profile case in which a mayor will be on trial accused of stealing public money is on the court's calendar. The judge assigned to the case signed a broad order telling everyone involved with the case in any way, lawyers, investigators, court personnel, witnesses not to discuss the case with anyone or post anything about it. What do you know about this?

It's called a gag order, and it's constitutional because the purpose is to help assure an impartial jury.

Of the federal privacy laws we discussed, which prohibits direct marketing to children younger than 13?

COPPA

Which of the four torts we studied involves publishing incomplete information?

False Light

You get a great job as communications coordinator for the Biloxi, Miss., Public Schools. In that job, for which you are paid $150,000/year to start, you are also identified as the custodian of records. You receive an appropriately completed public records request form seeking the employment contracts for all 7th Grade teachers. You have the employment contracts for all the teachers which contain their names, which are a public record, but also their personnel numbers, home addresses and other non public information. You want to do the right thing under Mississippi law, so you

Provide the contracts, but with all non public information redacted.

When a new hamburger chain opened in Oxford, social media went crazy with people posting about how great their fries tasted. The long lines at the new burger place were taking business away from the older drive thrus. Bob owned one of the older restaurants and he noted the special quality of their fries was driving the popularity of the new restaurant. One night, he parked near the new placed and quietly dug into in their Dumpster. There he saw several empty peanut oil containers. "Aha," Bob thought. "That's what's making the difference." The next day Bob put peanut oil in his fryers, and his customers started returning. Alarmed by this, owners of the new hamburger restaurant checked their security cameras which had captured Bob digging in their Dumpster. Which privacy tort has Bob committed?

none

As a tornado approached his barn, Farmer Frank took out his smart phone and shot stunning video of the giant building exploding. He called Channel 3 and offered to forward the video if they wanted it. The news director of the television station said, "Yes, thank you." Frank's video was used shortly thereafter in a newscast." Several weeks later, Frank was watching Channel 3 and was surprised to see his video used as a promo for the television station's weather coverage. Frank is not really angry about this, but he is surprised and a bit bothered that his video, for which he was not paid, was being used to promote the television station. Farmer Frank is your friend and he knows you made an A is media law, so he asks you about this. What should come to mind?

the booth rule

What is a shield law?

These are the laws in several states that are designed to protect journalists from having to testify in legal proceedings

Does journalistic privilege exist in the United States?

All the above ( not at the federal level, in some states but not all of them, only where there's a shield law)

Sally was a hospitality major at the University of Mississippi, and she had a weakness: Einstein Bagels. Every day, she visited the bagel shop at least once. Because she was such a good customer, the owners isolated a photo of her from a camera in the shop and made a poster from it. Sally was surprised one morning when she visited and the poster was on the door, featuring her along with the words: "Try a Sally Special, Two Plain Bagels for $6.99." Has a tort been committed?

Yes. All the elements of appropriation are there.

As an observant reporter for Campus News, you notice that the lines outside your public school cafeteria in Mississippi are longest on fried chicken day. Everybody, it seems, really loves fried chicken. You also know Mississippi is a major chicken producing state, and you wonder whether your school district is supporting local commerce by buying chicken from Mississippi companies. You ask the person who orders food for the cafeteria where she buys the chicken and he's not sure he can tell you. You are also not sure this is public information. Who has the answer?

The Mississippi Ethics Commission

Sherry, who traveled for business, was identified by United Airlines both as a frequent customer and as a person with thousands of friends and followers on social media platforms. United contacted her and offered her free flights if she agreed to work as an influencer by posting favorable comments after every flight she took on United. What does the law say Sherry must do?

By some method or wording disclose in each post that she is being compensated.

You are the media director for American President Leia Groundwalker, and you receive separate requests from ABC News and from NBC News for 30 minute sit down interviews with the president. President Groundwalker tells you she will sit for the interview by NBC News, but not ABC News. You know the law, so you

Schedule the interview with NBC News and tell ABC News "no."

What is a technological determinist?

A person who believes technology drives human history.

Which of the following is a provision of Mississippi's Open Meetings Act?

All of the above (All meetings of groups covered by the law must begin open to the public. Meetings may be closed to the public, generally, only when it's in the public's interest for the meeting to be closed. Audio and video recording may be done by anyone.)

Martha had a son and two daughters who attended the Green County Public Schools and, as an interested parent, she usually attended monthly meetings of the school board. She noted that the board frequently held executive sessions and was curious as to what members were discussing when no one else was present. So, before leaving the room when the board closed a session, she placed her phone in a pocket of the seat in front of her (where it could not be seen) and set it to record what the board members were saying. When Martha got home, she listened to the recording and was amazed to hear the members talk about their plans to spend the money each of them received for awarding the district milk contract to a bidder in exchange for a payoff, which is illegal. One member said she was going to Aruba on vacation. Another said he was going to buy a new car. Not knowing what to do, Martha took the recording to KTTV, the local

Martha's recording was illegal in any state, but KTTV's use of it was protected by the Innocent Use Rule.

Jane was marketing director for Lululime, a Georgia

based maker of quality clothing for teens and young women. Her board was considering granting a franchise for a store in Kentucky, but needed to know whether it would be successful. The board told Jane to research this, so Jane filed a public records request with the Kentucky Department of Commerce. In the request, she asked for records showing how much was spend annually per household on clothing for teens and young women in Kentucky. Which of the following is a true statement? - If such a record exists, Kentucky is required to provide it to Jane.

Where in the U.S. Constitution is the right to personal privacy guaranteed?

Personal privacy is not mentioned in the Constitution. Instead it exists through a cumulative reading of individual rights in the first 10 amendments.

What law allows merchants or others to gather information from customers or prospective customers?

no such law exists